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(Cal. App., Civil Procedure, Labor & Employment Law, Remedies) In an employment case, trial court’s grant of motion for judgment on the pleadings by defendant-employer is affirmed where section 203 penalties may not be recovered as restitution under Business and Professions Code section 17203.
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January 23, 2009 8:16 pm | 
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The European Union and Canada have just reached an historic agreement on air transport services. The new agreement, which is expected to come into effect during the first half of 2009, will grant parties’ carriers the unlimited freedom to operate…
EU/U.S. Forum on Liberalisation and Labour
A full program and select presentations from the EU/U.S. Forum on Liberalisation and Labour is now available through the European Commission’s Air Transport Portal here. In the Commission’s words, the forum “forms part of an initiative to facilitate discussion between…
Issues in Aviation Law and Policy Volume 8, Number 1 Available
The first issue of Issues in Aviation Law and Policy (IALP) published under the auspices of the International Aviation Law Institute at DePaul University College of Law is now available. Formerly published by CCH/Wolters Kluwer since April 2001 in looseleaf…
The Outlook for 2009
The International Air Transport Association reported on Tuesday that U.S. air carriers could post a very modest $300 million profit while the world’s other regions will likely endure $2.5 billion in losses. The losses will be nowhere near as severe…
aviation laws
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(U.S. 9th Cir., Civil Procedure, Cyberspace Law, Indian Law, Intellectual Property, Trademark) In a suit alleging trademark violations against a tribal corporation for cigarette packages, the district court’s grant of a stay while the tribal court determined its jurisdiction is reversed where the tribal court does not have colorable jurisdiction over plaintiff-nonmember’s federal and state claims for trademark infringement on the Internet and beyond the reservation.
In re TS Tech USA Corp.
(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent, Transportation) In a patent infringement action relating to pivotally attached vehicle headrest assemblies, petition for writ of mandamus to vacate decision denying petitioner’s motion to transfer venue and to direct district court to transfer case to another state is granted where: 1) petitioner met its difficult burden of establishing that the district court clearly abused its discretion in denying transfer of venue to the Southern District of Ohio; and 2) mandamus relief was appropriate.
Sundance, Inc. v. Demonte Fabricating Ltd.
(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action, grant of plaintiff’s motion judgment as a matter of law (JMOL) finding the patent was not invalid is reversed where: 1) the district court’s denial of a motion in limine to exclude the testimony of witness, not skilled in the pertinent art, was an abuse of discretion; and 2) as a matter of law, claim 1 of the patent was invalid for obviousness.
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(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action, grant of plaintiff’s motion judgment as a matter of law (JMOL) finding the patent was not invalid is reversed where: 1) the district court’s denial of a motion in limine to exclude the testimony of witness, not skilled in the pertinent art, was an abuse of discretion; and 2) as a matter of law, claim 1 of the patent was invalid for obviousness.
Walton v. US
(U.S. Fed. Cir., Copyright, Government Law, Intellectual Property) 28 U.S.C. section 1498(b), which governs copyright infringement suits against the federal government, does not authorize this suit by a federal prisoner seeking to recover for the government’s use of desk-blotter calendars he created as part of his assigned duties in prison. Plaintiff was “in the service of the United States” when he developed and produced the calendar at a government facility, using government-furnished computers, under the supervision of government employees, in exchange for modest compensation.
Visible Sys. Corp. v. Unisys Corp.
(U.S. 1st Cir., Attorney’s Fees, Government Law, Intellectual Property, Trademark) In a trademark infringement claim for reverse confusion, permanent injunction prohibiting defendant-Unisys from using trademarks or services of plaintiffs and damages award of $250,000 to plaintiff are affirmed over claims that: 1) the trial judge erred in not granting plaintiff a jury trial under both the Lanham Act and the Seventh Amendment on plaintiff’s claim for an accounting of defendant’s profits; 2) the court erred in tailoring the injunction too narrowly and in denying plaintiff attorneys’ fees; and 3) the evidence was insufficient to support both the jury’s finding of infringement and the damages awarded.
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